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NLRB Developments

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In late December, the National Labor Relations Board (NLRB or “the Board”) issued a proposed rule requiring employers subject to the National Labor Relations Act (NLRA) to post notices informing their employees of their rights under the NLRA.  The Board has given the public until February 22, 2011 to review the proposal and comment on it. 

The December 22, 2010, proposed rule, a copy of which is available by clicking HERE, sets forth the size, form and content of the notice.  It also includes sanctions that may be imposed if an employer fails to comply with its obligations under the rule.  This rulemaking by the Board follows a similar rulemaking by the US Department of Labor that applies solely to federal contractors, as set forth in Executive Order 13496 issued by President Obama soon after he assumed the presidency.

SHRM plans to submit comments to the Board in response to this rulemaking.  We have also received a number of inquiries from members who have expressed concern regarding the Board's action in this area.  

In an effort to facilitate member input to the Board in response to this rulemaking, SHRM plans to issue an action alert to members in early February, providing background on the rulemaking and instructions on how members can submit individual comments to the NLRB.  Please stay tuned for further developments on this agency action.

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